Q: I'm on workers' comp. Can the Insurance company conduct surveillance on me?

A:

Yes, the insurance company can and will conduct surveillance on you. This means they will videotape and photograph you conducting your activities of daily life. They will often sit outside of your home for a full day to watch if you are coming and going, shoveling snow, or doing yard work. An additional type of surveillance, which can be much cheaper, involves the insurance company viewing your online social media profiles. The insurance company will look for signs that you are not as injured as you claim and argue that you could be working.

Often times the "evidence" the insurance company gathers from placing an injured worker under surveillance isn't very strong but it can be used to challenge your testimony on the issue of the severity of your injury, the injury's impact on your daily life, or the need for ongoing restrictions.

If you are receiving workers' compensation benefits, you should act as if you are under surveillance any time you leave your home. We don't intend to make you feel paranoid, and in most cases you will be abiding by your restrictions anyway, but it is imperative that you follow your treating doctor's restrictions at all times. This means that if you have a low back injury and are not supposed to be lifting anything over 20 pounds, you shouldn't be carrying bags of mulch for a gardening project. You should also change the privacy settings on your social media sites. These sites allow you to be unsearchable and you can set it up so only "friends" can view your profile. Also, be wary of new connections or friend requests while you are on workers' compensation; it may very well be an adjuster trying gain free information to weaken your case.

Generally, an injured worker is trying to get back to work, but even if you have nothing to hide and are focusing on your recovery, surveillance evidence can be taken out of context or misconstrued, leading to a problem for your case.

Recent Results click below to expand

Gerry Kramer won a personal injury action for $10,043,952.13 in Northumberland County on behalf of a volunteer firefighter who was the victim of Intentional Tort. The 50-year-old volunteer firefighter was seriously injured when a barn collapsed, causing a spinal injury which left him a paraplegic. The claim was brought against the arsonist who intentionally started the fire. It is believed that the verdict is the highest ever in Northumberland County.

A couple from New Berlin, Pennsylvania was awarded over $4,000,000 because the husband was shot while turkey hunting. The 51 year old client lost his sight because a convicted felon - who should not have even possessed a gun - went hunting illegally, and broke with impunity the most fundamental rule in hunting: identify your target before you pull the trigger.

Scott Cooper obtained a verdict on behalf of his client who is the widow of a man who died in a crash on Interstate 78 in Lebanon County. The awarded verdict of $2.2 million was in a nonjury proceeding before a federal judge in the Middle District of Pennsylvania. That verdict includes $100,000 in punitive damages assessed against the owner of the trucking company.

Scott Cooper settled a wrongful death case on behalf of the widow of a police office who was killed in a car accident in the line of duty for $1,024,040.80. The claim against the other driver was amicably resolved before suit was filed for the entire available policy limits for the other driver. The case took place in Adams County, PA.

Gerry Kramer won a $950,000.00 suit in Perry County for a motor vehicle accident. The personal injury action for a wrongful death was filed on behalf of a 19-year-old female killed in the accident. The victim was a passenger in a vehicle that left the roadway striking a fixed object.

Scott Cooper settled a wrongful death claim for $742,000 on behalf of a the estate of a trash worker killed in a car accident in Franklin County. The case was amicably resolved for all of the available insurance policy coverage for the other driver and under insured motorist carrier. Also, Mr. Cooper was able to amicably resolved all subrogation interests with the worker's compensation carrier for a lump sum and agreement for the subrogation claim to be waived in full.

Gerry Kramer won a $215,000.00 personal injury action on behalf of a drunk driving victim in York County. The victim was a 56-year-old man who was struck by drunk driver in Lancaster County, PA. He suffered a subdural hematoma which resulted in severe headaches.